SAP-FL Highlights - International Labour Organization
Transcription
SAP-FL Highlights - International Labour Organization
SAP-FL Highlights Warm applause welcomed the adoption of the ILO Forced labour Protocol during the International Labour Conference Geneva, June 2014 Joining forces to end forced labour In this issue: "The global tide against forced labour is rising and we have seen significant progress in ending this scourge. But the job isn’t done yet, because modern slavery still is, unfortunately, big business and millions are suffering. We call on governments to ratify the new Protocol rapidly and to step up action at home and abroad. We call on workers’ and employers’ organizations – actors in the real economy – to strengthen their action against forced labour. And we call on all who are striving for this goal to support the ILO’s Global Alliance against Forced Labour.” • Everything you need to know about the new Protocol • Research: Exploring hidden forced labour • Fair Recruitment Initiative • Country highlights And for the first time, some information in French and Spanish! Guy Ryder ILO Director-General ILO Special Action Programme to combat Forced Labour February 2015 Calling for a wide ratification of ILO Forced Labour Protocol In June 2014, representatives of governments, workers and employers from the ILO’s 185 member States overwhelmingly supported the adoption of new legally binding standards against forced labour. The Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29) stipulates new binding obligations and its supplementary Recommendation No 203 provides guidance to secure the effective eradication of forced labour, trafficking and slavery-like practices. « The Protocol and the Recommendation represent a call to action. They go beyond pious words; they are more than text on a piece of paper. Their potential impact can only be realized if there is rapid and universal ratification of the Protocol and its complete and effective implementation.” Ed Potter, Employer Vice-Chair of the Committee on Forced Labour On Friday 7th November, the ILO Governing Body discussed the follow-up to the adoption of the Protocol and Recommendation on supplementary measures for the effective suppression of forced labour at the Intenational Labour Conference in June 2014. The overall vision supporting this strategy is that when the ILO celebrates its 100th anniversary in 2019, forced labour will no longer persist at a scale estimated by the ILO to affect 21 million women, men and children worldwide. “It is the fruit of our collective determination to put an end to an abomination which still afflicts our world of work, and to free its 21 million victims. It is a demonstration of our capacity to adopt international labour standards, to meet real needs, and in this case to supplement our means to defend and promote fundamental principles and rights at work... with this Protocol we are giving a very clear answer to global society.” Guy Ryder, ILO Director-General The ILO Governing Body requested the Office to develop a detailed action plan with measurable targets and indicators, taking full account of the discussion in the Governing Body, and to report on progress. All around the world, leaders from governments, trade unions, business and civil society have joined the global struggle to end forced labour. This “global alliance”, initially called for by the ILO in 2005, is now gaining momentum and provides an opportunity for lasting change. IOE and ITUC have always been key partners in this global alliance. IOE has produced with the ILO a guidance note on the Protocol to support employer and business engagement. Following ITUC’s active campaign for the adoption of the Protocol, forced labour will be one of its 3 “frontlines” for action in 2015. It’s now time to ratify the ILO Forced Labour Protocol Watch our video and read our brochure to learn more about the new ILO Protocol which aims to strengthen global efforts « By adopting this Protocol, we will send out a political signal showing the high level of our commitment to swiftly rid ourselves of this scourge....” towards combating forced Yves Veyrier, Worker Vice-Chair of the Committee on Forced Labour persons and slavery-like labour, trafficking in practices. Everything you need to know about the new ILO Protocol and Recommendation Together, the ILO’s forced labour instruments – including the new Protocol and Recommendation (No. 203) as well as the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105) – provide all actors with a comprehensive strategy and a set of tools to address forced labour in a modern-day context. What is Forced Labour? The Protocol reaffirms the definition of forced labour contained in Convention No. 29 and confirms that it applies to situations of trafficking in persons for the purposes of forced labour. When will the Protocol enter into force? A Protocol, like a Convention, needs to be ratified by a country to enter into force. By ratifying the instrument, a government: • accepts it as a legally binding instrument; • makes a formal commitment to implement the obligations in that instrument; • accepts the ILO supervisory system, in which social partners may intervene. The Protocol will enter into force following registration of its second ratification. Thereafter, it enters into force for any ratifying member twelve months after ratification. What about the Recommendation ? A Recommendation, as a non-binding instrument, is not open to ratification. It provides detailed guidance to the obligations adopted in the Protocol. Main provisions : Prevention Article 2 Protection Article 3 and 4(2) Remedies Article 4(1) Effective measures Article 1(1) • Educating and informing those considered particularly vulnerable, employers and the wider public. • Extending the coverage and enforcement of relevant laws to all workers and sectors. • Strengthening labour inspection and other services responsible for implementation of these laws. • Protection from abuses arising during the recruitment process. • Supporting due diligence by the public and private sectors. • Addressing root causes and factors that heighten the risks of forced labour. • Effective measures for the identification, release, protection, recovery and rehabilitation of victims. • Protecting victims from punishment for unlawful activities that they were compelled to commit. Ensuring victims’ access to appropriate and effective remedies, such as compensation, irrespective of their presence or legal status in the territory. In giving effect to their obligation to suppress forced labour under the Forced Labour Convention, the Protocol requires States to take effective measures to prevent and eliminate forced labour, to provide victims protection and access to appropriate and effective remedies, such as compensation, and to sanction perpetrators. Learn more by reading our brochure. A commentary guide will be published soon. Fair Recruitment Initiative: it is now time to take action Preventing trafficking in persons, protecting workers from abusive and fraudulent recruitment practices, eliminating recruitment fees and costs for workers are the goals of the ambitious ILO Fair Recruitment Initiative. It is based on a four-pronged approach aiming at. 1. Enhancing global knowledge on national and international recruitment practices 2. Improving laws, policies and enforcement mechanisms to promote fair recruitment practices 3. Promoting fair business practices 4. Empowering and protecting workers Currently supported by the UK, the US and the Canadian governments, this multi-stakeholder initiative is implemented in close collaboration with governments, representative of employers’ and workers’ organizations, the private sector. Key partners include the International Trade Union Confederation and the International Organization of Employers and its affiliates, in particular the International Confederation of Private Employment Services. The initiative is closely coordinated with the Global Migration Group and the Inter-Agency Coordination Group against Trafficking in Persons agencies, in particular IOM, World Bank, OHCHR and UNODC. In April 2014, a first consultative workshop was hosted by the ILO in Turin. Participants agreed that this consultation was a vital step in the right direction and that an important process had begun. They stressed that the effective regulations and enforcement should be one of the cornerstones of the initiative, including providing access to grievance and dispute settlement mechanisms. Several challenges were identified such as the scope of due diligence required to mitigate the risk of forced labour. Last November, ILO and UNODC jointly hosted a second workshop in Bangkok on approaches to the regulation of recruitment. Participants engaged in constructive dialogue on the identification of appropriate and effective labour and criminal justice responses in the fight against trafficking in persons and the exploitation of migrants during the recruitment process. Discussions also addressed the nexus between national regulation models and its impact on business practices in the recruitment industry. Another global consultation will be organized in 2015 to present research findings of new studies on recruitment practices and regulations and their incidence on trafficking schemes. The Fair Recruitment Initiative was announced in 2014 by the ILO Director - General in his report to the 103rd International Labour Conference stressing the “growing international concern about abusive and fraudulent recruitment practices affecting migrant workers in particular and issues of human trafficking and forced labour”. Exploring hidden aspects of forced labour In 2014, ground-breaking ILO research was able to measure that the profits generated by forced labour amount to a staggering US$ 150 billion per year. The report highlights income shocks and poverty as the main economic factors that push individuals into forced labour. Additional factors contributing to risk and vulnerability include lack of education, illiteracy, gender and migration. “This new report takes our understanding of trafficking, forced labour and modern slavery to a new level. Forced labour is bad for business and development and especially for its victims. Our new report adds new urgency to our efforts to eradicate this fundamentally evil, but hugely profitable practice as soon as possible.” Guy Ryder, ILO Director - General More innovative research will take place in 2015. Two new series of working papers will be launched. The first issue of the legal series will address “Forced and compulsory labour in international human rights law” and “Modern Slavery: The Concepts and Their Practical Implications”. Additionally, to complement the guidelines Hard to see, harder to count, on how to measure forced labour of adults and children, a second set of guidelines will provide detailed guidance for qualitative research on forced labour, including how to select respondents, how to carry out interviews, etc. In response to the resolution adopted by the International Conference of Labour Statisticians to establish a working group to discuss how to better measure forced labour, a first workshop will be organized in 2015 to discuss international guidelines to harmonize concepts, elaborate statistical definitions, standard lists of criteria and survey tools on forced labour. Update of selected ILO projects against forced labour around the world Thanks to the Support to Free Movement of Persons in West Africa Project, funded by the European Union and implemented jointly by the ILO, IOM and ICMPD, key members of the Economic Community Of West African States Commission (ECOWAS) participated in the training on “Identification and Investigation of Forced Labour and Trafficking cases” conducted by ITC -ILO in 2014. In addition, ILO participated in the Counter Trafficking Annual Review of ECOWAS Member States. In 2015, the project will build the capacity of national focal points in West Africa including Mauritania, and provide technical expertise to develop national training plans and the ECOWAS comprehensive training plan. The ILO will also elaborate tools to strengthen law enforcement mechanisms as well as support review processes to help conform national legislations to international standards. Au Niger, le Projet d’Appui à la Lutte Contre le Travail Forcé et la Discrimination (PACTRAD II) a été lancé en décembre, en présence du Ministre du travail, qui a reconnu l’existence du travail forcé « à la fois sous forme de survivance de l’esclavage traditionnel, mais aussi sous ses manifestations modernes liées, notamment à la traite des personnes, l’exploitation des femmes et des enfants soumis à la mendicité ». Une des premières activités du projet a permis la sensibilisation des étudiants de l’Ecole Nationale de l’Administration et de la Magistrature (ENAM). The Project “Consolidating and Disseminating Efforts to Combat Forced Labour in Brazil and Peru”, funded by USDOL has contributed to several achievements so far, including: Restructuring of the National Pact for the Eradication of Forced Labor in Brazil, which is now an independent institution, whose sustainability is ensured by a yearly fee paid by companies Implementing the livelihood strategy through the strengthening of the Integrated Action Program in the states of Mato Grosso, Bahia and Maranhão, integrating the efforts of several actors (government, companies, civil society, churches) in order to break vicious the cycle of modern slavery. The program has offered vocational training courses to more than 600 beneficiaries, referring them to existing social services, and has conducted formal economic reinsertion. Strengthening the State-level Commissions to Eradicate Forced Labour (COETRAEs), through the creation of a website to share experiences, good practices, challenges and possible solutions. In Peru, the project has provided training to judges and prosecutors on forced labour. Diagnostic studies are being produced on informal mining, illegal logging and domestic work. In addition, the project promoted a prospective exchange mission of Brazilian officials to Peru, which has led to the elaboration, still in draft form, of a South-South cooperation agenda. En Perú, la OIT brinda asistencia técnica a los miembros de la Comisión Nacional para la Lucha contra el Trabajo Forzoso en la elaboración de su hoja de ruta 2015. Durante el taller de planificación de diciembre, destacaron la importancia de impulsar la difusión y ratificación del Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930, y la implementación del Protocolo Intersectorial contra el Trabajo Forzoso aprobado en octubre. In the framework of the MAGNET (migration and governance network) project, the ILO is currently providing technical support to the Ministry of Human Rights and the National Committee to Combat Trafficking in Yemen, with a view to developing a national strategy to combat trafficking in persons. The ILO has also provided technical comments to the Yemeni draft law on trafficking in persons, including through a workshop in Beirut, Lebanon in September 2014. With ILO support, the human rights, defense, justice, interior and planning ministries have joined forces to establish a National Dialogue Committee on combating trafficking. The ILO has also continued its innovative partnership with the PANOS institute to improve media reporting on migration and trafficking in personsin the Arab States, through discussions with media groups such as AlJazeera. Over the past year, the Work in Freedom Programme has made tremendous progress in securing key partnerships with global and local partners while initiating community based programmes in Nepal, India and Bangladesh to the benefits of 13,700 women and more than 2,500 men since January 2014. Key capacity building exercises, primarily with trade unions, NGOs & private recruitment agencies have also taken place both at the national and regional level. At the same time, two global policy consultations have been hosted to define common benchmarks on Fair Recruitment and to share best practices on regulation of the industry. Amongst the achievements of the programme, the following stand out: A mission with FSI Worldwide to assess and explore the establishment of a model of ethical recruitment for Nepalese women migrant workers to the garment factories in Jordan A joint mission of Ciett, IHRB, and Verite in December 2014 to explore the needs, building rapport with the government and the Nepal Association of Foreign Employment Agencies (NAFEA) for further collaboration to improve recruitment practices in Nepal An Implementation Agreement with Anti-Slavery to organize women migrant workers in Lebanon and provide support services and a service agreement signed with FENASOL to support their founding congress of domestic workers The organization by the General Federation of Nepalese Trade Union (GEFONT) of a consultative meeting between the trade unions of destination countries including Lebanon (FENASOL) The programme was fruitful in bringing common understanding and establishing close collaboration between the trade unions in Nepal and Lebanon for protection of the rights of Nepalese migrant workers. UNODC completed their needs assessment in collaboration with SUNLAP and the ILO and completed two trainings sessions of police and labour officials in Chhattisgarh. In Nepal, a study looking at the age ban on domestic workers was completed and technical support was provided to the Ministry of Labour and Employment for review of the Foreign Employment Act 2007. In the framework of the ILO GMS TRIANGLE project on “Protecting migrant workers in the fishing sector in Thailand”, the Ministerial Regulation of Sea Fisheries Work has been revised with extensive support from the ILO, including technical comments and several consultations, with the Government, industry, workers’ groups and the Thai Law Reform Commission. The regulation contains several improved provisions on protection, and draws from ILO Convention on Work in Fishing, 2007 (No. 188). Inputs were also shaped by the findings of an ILO survey of employment practices and working conditions in the Thai fishing sector. In addition, the ILO has supported efforts to strengthen labour inspection in the fishing sector, developing training materials, checklists and guidelines to facilitate cooperation. All 120 labour inspectors from Thailand’s coastal provinces have received training. The ILO has provided support to the National Fisheries Association of Thailand (NFAT) in the development of a Code of Conduct for their members; and supported the development of occupational safety and health (OSH) training materials specific to fishing. The ILO is supporting the Foundation for AIDS Rights (FAR), an NGO, to provide support services to Cambodian fishers in the Rayong province. Information, counselling and training on labour rights, organizing, and OSH are provided to migrant workers at drop-in centres and through outreach activities. GMS TRIANGLE also supported the development of the Malaysian Employers’ Federation Guidelines on the Recruitment and Employment of Foreign Workers. So far, GMS TRIANGLE has assisted 51,374 beneficiaries and obtained orders for US$1.2 million in compensation for migrant workers. The ILO Global Action Programme (GAP) aims to build critical knowledge and capacity for accelerating progress against child labour and, where relevant, forced labour in targeted countries. In Timor Leste, the main objectives are to support national agencies to more effectively enforce child labour and forced labour laws and regulations and to enhance a culture of compliance. The project trained 32 Labour Inspectors, National Police, Immigration and Coast Guard Officers, Employers and Workers’ Organizations representatives and NGOs to identify and investigate cases of child labour and forced labour. Save the date Key events and major publications about Fundamentals Principles and Rights at Work in the coming months: 2 0 1 5 February March April May Workshop on statistical measurement of forced labour and trafficking (Geneva) New York: Event on Forced labour for the World Day of Social Justice Launch of "Promoting Equity. Ethnic diversity in the workplace: A step-by-step guide" Pilot launch of e-learning course for Labour Inspectors and Child Labour Monitors Launch of the 50 for Freedom campaign for the ratification of the Forced Labour Protocol ILO course on “Identifying and investigating cases of forced labour and human trafficking” (ILO ITC Turin) Mesa de socios para el desarrollo de la Iniciativa Regional de América Latina contra el Trabajo Infantil Final event of the "Music against Child Labour" national-level competition for secondary school students (Italy) June July ILO International Labour Conference (Geneva) Global Conference of the Fair Recruitment Initiative New SCREAM (Supporting Children's Rights through Education, the Arts and the Media) Special Module on Child Labour in Agriculture Launch of “Collective Bargaining – A policy guide” World day against Child Labour Domestic workers rights: Let’s keep the momentum Very few of the estimated 53 million domestic workers worldwide are covered by labour laws. In 2011, the ILO's Member States adopted the Domestic Workers' Convention (N°189) to protect their rights, promote equality of opportunity and treatment, and improve working and living conditions. So far, 17 countries have ratified this convention. Let's keep the momentum! Discover our new video “Rights for all workers, rights for domestic workers, get involved !” ILO Special Action Programme to combat Forced Labour Fundamental Principles and Rights at Work Branch E-Mail: [email protected] Web Site: http://www.ilo.org/forcedlabour Facebook: www.facebook.com/forcedlabour Our vision is that no person, of any age, race, origin or religion, anywhere, spends a day of his or her life working under duress and suffering degrading or inhuman treatment.